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AN ACT 


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ELECTION LAWS 


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APPROVED SEPTEMBER 10, 1888, 


BEING 


CHAPTER LXXVI 


OF THE 


SESSION LAWS OE 1888. 


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HONOLULU: 

GAZETTE PUBLISHING COMPANY. 

1888. 


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aint act 


To Amend and Consolidate the Election Laws of 

the Kingdom. 

Be it Enacted by the King and the Legislature of the 
Hawaiian Kingdom: 

Section 1. From and after the passage of this Act, 
the several laws and parts of laws set forth in Schedule 
A, hereto attached, shall be and are hereby repealed. 

Section 2. In this Act wherever the following words 
or phrases occur they shall be held to refer to and have 
the meanings herein set forth, provided the context 
shall not prohibit such meanings: “Minister” shall 
refer to and mean the Minister of the Department of 
Interior for the time being of the Hawaiian Govern¬ 
ment. “ Constitution ” shall refer to and mean the Con¬ 
stitution of the Hawaiian Kingdom, promulgated July 
7th, 1SS7, together with any amendments thereto. 
“Inspector” or “Inspectors 7 ’ shall refer to and mean 
the Inspector or Inspectors of Election as provided for 
in this Act, or any deputy for such Inspector or Inspect¬ 
ors. “Candidate” or “Candidates” shall mean any 
person or persons who has or have declared his or their 
intention of offering himself or themselves for election 
to a seat in the Legislature. “Court” shall mean any 
court or tribunal authorized by this Act to try any dis¬ 
puted elections. “Election” shall refer to and mean 


( 2 ) 

any election for Nobles or Representatives prescribed 
in this Act. /‘Register” shall refer to and mean the 
Register of voters herein prescribed. “ District ” shall 
mean an election district as prescribed in this Act, un¬ 
less the context prohibit such sense. “Corrupt Prac¬ 
tices” or “ Illegal Practices ” shall refer to and mean 
the offences described in this Act under such, titles or 
heads. 

OF ELECTIONS. 

Section 8. There must be held throughout the King¬ 
dom, on the first Wednesday of February, in the year 
1880, and on the said day of February in every second 
year thereafter, an election, which shall be known as 
the General Election. 

Section 4. The general election is for the purpose of 
choosing by ballot the elective members of the Legisla¬ 
ture. The methods of election shall be such as are 
hereinbelow set forth. 

Section 5. Special elections are such as are held to 
supply vacancies in the elective membership of the Leg¬ 
islature, and shall be held at such times as the Minister 
shall proclaim. 

ELECTION PROCLAMATIONS. 

Section 6. At least thirty days before a general 
election, and whenever he receives proper notice, at 
least twenty days before a special election, the Minister 
of Interior must issue an election proclamation and 
transmit copies of the same to the various Boards of 
Inspectors of Elections throughout the Kingdom, or 
where such election is to be held ; such proclamation 
shall also be published in Honolulu. 

Section 7. Such proclamation must contain a state¬ 
ment of the time and places where the election will be 


( 3 ) 

held and the purpose for which the election is to he held. 
It may also contain any other relevant matter deemed 
necessary by the Minister, including offer of rewards for 
the detection and conviction of offenders against the 
election laws. 

Section 8 . Copies of such election proclamations 
shall be posted in not less than three conspicuous public 
places in the district or districts where such election is 
to be held. Election proclamations shall also be pub¬ 
lished in one or more Hawaiian and English newspaper 
in the language of the paper publishing the same. 

OF THE NOBLES. 

Section 9. There shall be twenty-four Nobles for the 
Kingdom, of whom nine shall be elected from the Isl¬ 
and of Oahu, six from the Islands of Maui, Molokai and 
Lanai, six from the Island of Hawaii and three from the 
Islands of Kauai and Niihau. They shall be elected at 
the general election every other year, as hereinafter 
provided. They shall serve for six years except as here¬ 
inafter provided. The term of service shall begin from 
the general election. They shall serve without pay but 
may receive mileage at the rate hereinafter provided 
for the Representatives. 

Section 10. At the general election to be held in the 
year 1890, one third of the Nobles in each of said divis¬ 
ions shall be elected to serve for two years, one third 
for four years, and one third for six years. At each 
general election following the election of .1890, one third 
of the Nobles for each of said divisions shall be elected 
to fill the vacancy caused by the expiration of the term 
of the preceding one-third. In voting for Nobles in 
each of said divisions, the names of the candidates for 




(4) 

each of said divisions shall be placed upon a common 
ballot and voted for at each polling place in the divis¬ 
ion, irrespective of election districts for Representatives. 

QUALIFICATIONS OF NOBLES. 

Section 11. Any male subject of the Kingdom who 
shall have attained the age of twenty-five years; who 
shall have resided in the Kingdom for not less than 
three years ; who shall be the owner of taxable property 
in the Kingdom of not less than three thousand dollars 
in value over and above all incumbrances, or who shall 
be in receipt of an income derived from some lawful 
employment or property of not less than six hundred 
dollars per annum, shall be eligible for election as a 
noble. 

OF THE REPRESENTATIVES. 

Section 12. There shall be twenty-four Representa¬ 
tives for the Kingdom, who shall be elected from the 
following districts, one member being returned from 
each. The Kingdom shall be and is hereby divided 
into twenty-four election districts, which shall be as set 
forth in the following Sections: 

ELECTION DISTRICTS. 

Section 13. In the Island of Oahu there shall be 
eight districts as follows : 

First District: All that portion of the judicial and 
taxation district of Honolulu or Kona lying southeast 
of a line drawn from the summit or peak of the Kona- 
huanui range of mountains along the crest of the ridge 
separating Manoa and Makiki valleys from Nuuanu and 
Pauoa valleys and across the crater or bowl of the hill 

• 

called Puuowaena to the flag-pole at the old battery, 
thence direct to the junction of Kinau and Alapai 


(5) 

Streets, along the center of Alapai to King Street, cen¬ 
ter of King Street to South Street, center of South 
Street to the sea. 

Second District: All that portion of said Honolulu or 
Kona, north of the first district and inside of a line 
drawn from the flag-pole at the old battery on Puuo- 
waena to the junction of School and Emma Streets, 
along the center of School Street to Fort Street, along 
the center of Fort Street to Beretania Street, center of 
Beretania Street to the Nuuanu stream at Smith’s bridge, 
thence up the center of said stream to School Street, 
center of School Street to Liliha Street, center of Liliha 
Street to Judd Street, along the center of Judd Street 
to the crest of the ridge on the northwesterly side of 
Nuuanu valley and thence along the crest of said ridge 
to the peak called Lanihuli, in the Konahuanui range of 
mountains. 

Third District: All that portion of said Honolulu or 
Kona, lying adjacent to the first and second districts 
and inside of a line drawn from the corner of Fort and 
Beretania Streets, along the center of Beretania Street 
to Richard street, along the center of Richard Street to 
the sea, and bounded makai by the sea. 

Fourth District: All that portion of said Honolulu or 
Kona, lying west of districts two and three and inside 
of a line drawn from the corner of School and Liliha 
Streets, through the center of Liliha Street to King 
Street, along the center of King Street to the bridge 
crossing the Nuuanu stream, and bounded makai by 
the sea. 

Fifth District: All the remaining portion of Honolulu 
or Kona, lying north and west of districts two and four. 


( 6 ) 

Sixth District: The judicial and taxation district of 
Koolaupoko, to be called the Koolau district. 

Seventh District: The judicial and taxation districts 
of lvoolauloa and Waialua, to be calld the Waialua dis¬ 
trict. 

Eighth District: The judicial and taxation districts 
of Ewa and Waianae, to be called the Ewa district. 

Section 14. In the Islands of Maui, Molokai and 
Lanai, there shall be six districts, as follows: 

First: The Island of Molokai, to be called the Molo- 

/ 

kai District. 

Second : The districts of Kaanapali and Lahaina, on 
* Maui, and the Island of Lanai, to be called the Lahaina 
District. 

Third : That portion of the district of Wailuku lying 
north of the road running from the lao Valley (on the 
south side of the river) to the sand hills; thence and 
along the crest of the sand hills to the mouth of the 
Wailuku river, to be called the North Wailuku District. 

Fourth : That portion of the district of Wailuku 
lying south of the North Wailuku District, and includ¬ 
ing the Island of Kalioolawe (but excluding Honuaula), 
to be called the South Wailuku District. 

Fifth : That portion of the Makawao District lying 
south and west of Halehaku Gulch with Kula, to be 
called the Makawao District. 

Sixth : All the rest of the Island of Maui, to be called 
the Hana District. 

r Section 15. In the Island of Llawaii there shall be 
seven districts, as follows : 


(7) 

First: Puna, and all Hilo south of the bed of the 
Pukihae Gulch, to be called the South Hilo District. 

Second : From the Pukihae Gulch to the bed of the 
Hakalau Gulch, to be called the Central Hilo District. 

Third : From the Hakalau Gulch to the bed of the 
Kalapahapuu Gulch in Hamakua (between Kukaiau and 
Kainehe), to include all of Kukaiau, to be called the 
North Hilo District. 

Fourth : The remaining portion of Hamakua and 
South Kohala, to be called the Hamakua District. 

Fifth : North Kohala, to be called the Kohala Dis¬ 
trict. 

Sixth : North and South Kona, to be called the Kona 
District. 

Seventh : Kau, to be called the Kau District. 

Section 16. In the Islands of Kauai and Niihau 
there shall be three districts, as follows : 

First: From Puana’iea Point to and including Kala- 
heo and the Island of Niihau, to be called the Waimea 
District. 

Second : From and excluding Kalaheo, to and in¬ 
cluding Hanamaulu, to be called the Lihue District. 

Third: From and including Wailua to Puana’iea 
Point, to be called the Hanalei District. 

Section 17. Whenever the convenience of electors 
may so require, the Minister of the Interior shall set 
apart two or more precincts in each district; and each 
precinct so established shall have its separate polling 
place. 

TERM OF SERVICE. 

Section 18. The Representatives shall serve for tw 7 o 


( 8 ) 

years, and shall be elected at every general election, to 
be held, as hereinafter set forth, in every other year. 
The term of service shall date from the general election. 

Section 19. Any person elected to fill an unexpired 
term shall hold office only for the remainder of such 
unexpired term. 

Section 20. They shall each receive as compensa- 

* 

tion for their services the sum of two hundred and fifty 
dollars for each biennial period for attendance on the 
sessions of the Legislature, besides mileage to be com¬ 
puted one way only, at the rate of ten cents each mile 
from their residences to the place of assembly. 

QUALIFICATIONS OF REPRESENTATIVES. 

Section 21. Any male subject of the Kingdom, who 
shall have arrived at the age of twenty-one years ; who 
shall know how to read and write the Hawaiian, English 
or some European language ; who shall understand 
accounts; who shall have been domiciled in the 
Kingdom for at least three years, the last of which shall 
be the year immediately preceding the day of election ; 
who shall own real estate within the Kingdom of a 
value, over and above all incumbrances, of at least five 
hundred dollars ; or who shall derive an income of not 
less than two hundred and fifty dollars per annum from 
some lawful employment or property, shall be eligible 
as a Representative of the people. 

Section 22. Before taking his seat in the Legislature 
each Noble and Representative shall be sworn to faith¬ 
fully support the Constitution and Laws of the King¬ 
dom, and to perform the duties of legislator faithfully. 
Such oath may be administered by any Justice of the 
Supreme Court. 


( 9 ) 

Section 23. No person sliall be eligible for election 
either as a Noble or Representative who shall be under 
any of the disqualifications mentioned in Section 26 or 
elsewhere in this Act; or who shall hold any office of 
trust or profit under the Government, or under any de¬ 
partment thereof, or under the Judiciary Department; 
or who shall have any pecuniary interest, direct or in¬ 
direct, in any contract with the Government. Nor shall 
any such person occupy a seat as an elective member of 
the Legislature. No member of the Legislature shall, 
during the term for which he was elected, be appointed 
to any civil office under the Government, except to be a 
member of the Cabinet. 

OF THE QUALIFICATIONS OF ELECTORS OF NOBLES. 

Section 24. Every male resident of the Hawaiian 
Islands,.of Hawaiian, American or European birth or 
descent, who shall have attained the age of twenty 
years, and shall have paid his taxes, and shall have 
caused his name to be entered on the list of voters for 
Nobles for his district, shall be an elector of Nobles, 
and shall be entitled to vote at any election of Nobles, 
provided : 

‘ First: That he shall have resided in the country not 
less than three years; and in the district in which he 
offers to vote not less than three months immediately 
preceding the election at which he offers to vote. 

Second: That he shall own and be possessed, in his 
own right, of taxable property in this country of the 
value of not less than three thousand dollars over and 
above all encumbrances, or shall have actually received 
an income of not less than six hundred dollars during 
the year next preceding his registration for such elec¬ 
tion. 


2 


( 10 ) 

Third : That he shall be able to read and compre¬ 
hend an ordinary newspaper printed in either the Ha¬ 
waiian, English or some European language : Provided, 
however, that the requirement of a three years’ resi¬ 
dence, and of ability to read and comprehend an ordin¬ 
ary newspaper printed either in the Hawaiian, English 
or some European language, shall not apply to persons 
residing in the Kingdom at the time of the promulga¬ 
tion of the Constitution, if they registered and voted at 
the first election which was held under the same. 

Fourth : That he shall have taken an oath to support 
the Constitution and Laws, such oath to be administered 
by any person authorized to administer oaths, or by any 
Inspector of Elections. 

OF THE QUALIFICATIONS OF ELECTORS OF REPRESENTATIVES. 

Section 25. Every male resident of the Kingdom of 
Hawaiiian, American or European birth or descent, who 
shall have taken an oath to support the Constitution 
and Laws in the manner provided for electors of Nobles; 
who shall have paid his taxes ; who shall have attained 
the age of twenty years; and shall have been domiciled 
in the Kingdom for one year immediately preceding the 
election; and shall know how to read and write either 
the Hawaiian, English or some European language (if 
born since the year 1840); and shall have caused his 
name to be entered on the list of voters of his district 
as may be provided by law, shall be entitled to one vote 
for the Representative or Representatives of that dis¬ 
trict : Provided, however, that the requirement of 
being domiciled in the Kingdom for one year imme¬ 
diately preceding the election, and of knowing how to 
read and write either in Hawaiian, English or some 
European language, shall not apply to persons residing 


( 11 ) 

in the Kingdom at the time of the promulgation of the 
Constitution, if they registered and voted under the first 
election which was held under the same. 

OF DISQUALIFICATIONS. 

Section 26. The following persons shall not be per¬ 
mitted to register for voting, to vote, or to sib in the 
Legislature, namely: Any person who is insane or an 
idiot, or any person who shall have been convicted of 
any of the following named offenses, viz. : Arson, bar¬ 
ratry, bribery, burglary, counterfeiting, embezzlement, 
felonious branding of cattle, forgery, gross cheat, incest, 
kidnapping, larceny, malicious burning, manslaughter 
in the first degree, murder, perjury, rape, robbery, 
sodomy, treason, subornation of perjury, and mal¬ 
feasance in office, unless he shall have been pardoned 
by the King and restored to his civil rights, and by the 
express terms of his pardon declared to be eligible to 
offices of trust, honor and profit. 

Section 27. No elector on the day of election shall 
be arrested during his attendance at the polling place, 
or in going to or from the polls, except in case of trea¬ 
son, felony or breach of the peace ; nor shall any elector 
on such election day be obliged to perform any military 
duty whereby he might be prevented from voting, 
except in time of war or public danger. 

Section 28. No soldier shall go to the polling place 
for any purpose in uniform ; nor shall any military or 
political organization be marched or allowed to go to 
the polling place in a body. 

OF INSPECTORS OF ELECTION. 

Section 29. There shall be a Board of Inspectors of 
Election for each polling place or precinct in the King- 


( 12 ) 

dom, to consist of three members. They shall be ap¬ 
pointed by the Minister of the Interior as far as possible 
from the opposing parties at each general election. In 
case of inability, failure or refusal of any person so ap¬ 
pointed to act as such Inspector, the Minister of the 
Interior shall appoint a person to fill such vacancy : 
Provided, however, that if it is impossible to communi¬ 
cate with the Minister of the Interior in time for him 
to make such appointment before the election is held, 
the remaining member or members of such Board shall 
appoint a person to fill such vacancy. The several 
members of the several Boards of Inspectors shall re¬ 
ceive not to exceed five dollars compensation for each 
day of service actually rendered. Unless otherwise 
designated, the first person named shall be chairman of 
the Board. 

OF THE DUTIES OF THE INSPECTORS OF ELECTION. 

Section 80. It shall be the duty of the several Boards 
of Inspectors to attend to the registration of voters, and 
record their names as herein required. To make, revise 
from time to time, and have charge of the register of 
voters in their respective districts, and to transmit 
copies of the same to the Minister of the Interior; to 
post the election proclamations at least five days before 
any election : 

To preside at each election ; to have full charge of 
the same, and to preserve order : 

To record the name of each voter polling or offering 
to poll a vote ; to duly swear any man whose vote is 
challenged, and to see that such person is properly 
questioned as to such right (any form of oath may be 
used for such person, or an affirmation, as the case may 
be): 


( 18 ) 

To appoint and superintend one or two clerks of elec¬ 
tion, as may be required, and such special police as may 
be necessary to preserve the peace : 

To ascertain and publicly announce the result of each 
election : 

To furnish proper certificates of election to such per- 
son§ as may be elected Representatives, *and to transmit 
the result of the election for Nobles to the Sheriff of 
their respective Islands, and in the Island of Oahu to 
the Marshal: 

To preserve and transmit to the Minister of the In¬ 
terior all of the ballots polled at each election, together 
with copies of the certificates of election and a state¬ 
ment of the result of the election, with all particulars : 

To care for the ballot-boxes and other property per¬ 
taining to elections, and generally to do and perform 
all such acts and things as are herein required relative 
to the registration of voters, the lists of voters, elections 
and other matter and things pertaining thereto. 

The several Inspectors shall have power, and are 
hereby authorized to administer the oath to the Consti- 
tution to such persons as desire to register as voters, 
and all other oaths in performance of their duties. 

OF THE REGISTER OF VOTERS. 

Section 31. A list of the voters of each district shall 
be kept, and from time to time amended, by striking off 
the names of such voters as shall have died, removed 
from the district, or become otherwise disqualified. 
Such list shall contain the names of voters residing in 
the district who shall have become duly qualified, and 
no others. No change, in any manner, shall be made in 
said list except during the time and at the place duly 
advertised for a public meeting of the Inspectors. Such 


(14) 

a list of voters shall be called the “ Register of Voters.” 
It shall be entered and kept in a book. The list shall 
be alphabetically arranged, reserving space for changes 
under each letter. The name of the voter shall be en¬ 
tered on the left of the page ; opposite each name shall 
appear his age, residence, occupation and the date of 
registration, leaking sufficient space for further remark 
or memoranda. Whenever any voter shall cease to 
have the right to vote, the name shall be erased by 
drawing an ink line or lines through the same, noting 
the date and cause thereof, in the reserved space oppo¬ 
site the name. Said list shall be transcribed into a new 
book whenever the Minister of the Interior shall so 
order. 

The register of voters shall be open to inspection to 
all persons at all times without compensation. Copies 
thereof may be furnished to responsible persons for a 
reasonable compensation. The Register shall contain 
the list of voters for both Nobles and Representatives, 
but such lists shall be kept wholly separate and distinct. 
The arrangement of such lists shall be such as the Min¬ 
ister of the Interior shall direct. The lists of names of 
voters for Representatives and for Nobles may, however, 
appear on the same page in two parallel columns. No 
person whose name shall not appear on such register 
shall be permitted to vote. 

Section 32. Whenever any district shall be divided 
into two or more precincts, separate lists of voters resid- 
' ing in each precinct shall be prepared from the register, 
and no elector shall be permitted to vote in any precinct 
other than that wherein he resides. 

CORRECTIONS OF THE REGISTER OF VOTERS. 

Section 33. For the purpose of correcting the list of 


05) 

voters by adding new names thereto or striking off the 
names of such voters as have died, removed, or other¬ 
wise become disqualified, the Inspectors, or a majority 
of them shall, not less than five nor more than thirty 
days prior to the date of election, hold not less than two 
public meetings, of which not less than five days gen¬ 
eral notice shall be given by posting notices in not less 
than three conspicuous places in the district, or pre¬ 
cinct, if the district be divided, and such other notice as 
said Inspectors shall deem necessary. 

Section 84. No person shall be prevented from at¬ 
tending such meetings of the Inspectors, unless to pre¬ 
serve the peace. The said Inspectors shall then and 
there receive the application of any person desiring to 
have his name entered on the Register of Voters, and if 
it appear that such person possess the necessary quali¬ 
fications, his name shall be then and there duly entered 
on said register, on either or both of the lists as the case 
may be. They shall also receive all objections offered 
against the registration of any person, or against any 
name already on the list, and if on due examination it 
appear that such name ought not to be on the list, or 
should not be entered, the name shall be stricken off, or 
refused as the case may be. For the purpose of ascer¬ 
taining the truth of any allegation, any of the Inspectors 
may administer an oath to any person. 

Section 85. The Inspectors shall, in addition to the 
methods above set forth, use all and any other lawful 
means to correct the said list, so that it may at all times 
represent a true and correct list of persons entitled to 
vote for Nobles and Representatives at any time. Such 
corrections shall in all cases be made during a regularly 
advertised meeting of the Inspectors, and before an en- 


( 16 ) 

try shall be made in the register, the reasons for such 
proposed entry shall be stated in the hearing of all per¬ 
sons present. 

Section 86. Whenever a special election shall be or¬ 
dered, the Inspectors, or a majority of them, shall hold 
at least one meeting not less than five nor more than 
ten days preceding the election, for the purpose of cor¬ 
recting said list, as in the last two preceding Sections 
set forth. 

Section 87. Where there are two or more precinets in 
any district, the list of voters prepared for each precinct 
shall be exhibited at the meetings of the Inspectors of 
such precincts for the purpose of correcting the same, 
as prescribed in Section 88, and such lists shall be the 
only authority for permitting anyone to vote at an 
election. 

OF CANDIDATES. 

Section 38. No person shall be permitted to stand 
as a candidate for election unless he shall be so requested 
in writing signed by not less than twenty-five duly qual¬ 
ified electors of the district; which request shall be de¬ 
posited with the Minister of the Interior not less than 
fourteen days before the day of election, except on the 
Island of Oahu, where such request shall be deposited, 
not less than seven days before the election, together 
with a fee of twenty-five dollars for a candidate for 
Representative, and fifty dollars for a candidate for 
Noble, on account of the expenses attending the elec¬ 
tion, which shall be paid into the Treasury as a Govern¬ 
ment realization. Any candidate may withdraw before 
an election by giving notice to the Minister of the In¬ 
terior and to the Inspectors of Election. If such notice 


(17) 

shall not be given before the printing of ballots, as pre¬ 
scribed in Section 46, the Inspectors of Election may, 
upon receiving such notice of withdrawal from the 
candidate, efface such name from the ballot before the 
election. 

Section 39. Every candidate shall, on the day pre¬ 
ceding an election, furnish the Inspectors a complete, 
list of the names of all persons employed by him to as¬ 
sist in the election, and no person whose name is not on 
such list shall be permitted to attend at the polling 
place on behalf of such candidates. 

Section 40. Within ten days following an election, 
each candidate shall furnish to the Inspectors a sworn 
itemized statement of every expense attending the elec¬ 
tion, or preliminary or subsequent thereto. Such list 
shall be forwarded immediately to the Minister of the 
Interior, and shall be open to the inspection of anyone 
without fee or reward. 

OF BALLOT BOXES. 

Section 41. The Inspectors shall provide two suit¬ 
able boxes for the reception of ballots for each polling 
place in the Kingdom, which boxes shall bear no device 
or mark, excepting that one shall bear the words “ For 
Nobles/ 7 and the other the words “For Representa¬ 
tives.” Such boxes shall be made of wood of a single 
thickness of boards, not over one inch nor less than 
three-quarters of an inch in thickness. They shall be 
perfectly smooth inside and out, and shall have a hinged 
lid fastened securely by a good lock or locks. In the 
center of said lid there shall be an aperture or slip of 
not more than three inches in length, and not over one- 
quarter of an inch in width, which may be protected by 
a lip or raised edge. 

3 


( 18 ) 


OF THE METHOD OF ELECTION. 

Section 42. The Inspectors shall prepare for holding 
the election, at each polling place, a suitable,compart¬ 
ment or space in which shall be placed at a point con¬ 
venient for voters, the two ballot boxes prescribed by 
Section 41 hereof. No polling place shall on any ac¬ 
count be in any premises where the sale of intoxicating 
liquors, beer or wine is licensed. 

Section 43. The Inspectors shall previously to open¬ 
ing the polls, set apart a sufficient space around the 
polling place to prevent interference with the conduct 
of the election ; and no person other than the Inspectors, 
their clerks, the candidates or their respective agents, 
not more than two each, and such voters not exceeding 
six at a time, as are for the time being actually engaged 
in voting, shall be permitted within the space so set 
apart during the time appointed for voting. 

opening and closing the polls. 

Section 44. The polls shall be opened by the Inspec¬ 
tors at eight of the clock upon the morning of the elec¬ 
tion day, and shall be kept open, continuously, until five 
of the clock in the afternoon of said dav, unless all of 
the voters of the district or precinct shall have polled 
their votes previous to that time, after which the polls 
may be closed and the votes counted as hereinafter pro¬ 
vided. 

Section 45. Before opening the polls for election, 
the Chairman of the Inspectors shall, in presence of any 
by-standers, publicly open the ballot boxes and expose 
them to all persons, that it may be seen that they are 
absolutely empty. They shall then be closed and locked, 
and on no account again be opened till the poll is 
closed. 


( 19 ) 


OF BALLOTS. 

9 

Section 46. The election shall be by ballot only. A 
ballot is a written or printed, or partly written and 
partly printed paper, containing the names of persons 
to be voted for. 

Section 47. The ballot for Representatives shall be 
of white paper and the ballot for Nobles of bine paper. 
The paper shall be of uniform weight, thickness and of 
the same sizing color. It shall bear no word, motto, 
device, sign or symbol, other than allowed by this Sec¬ 
tion, and shall be so printed that the type shall not 
show a trace on the back. Besides the name or names 
to be voted for, it shall contain nothing excepting the 

words “Election for the year.the name of the 

office and the name of the Division for Nobles or District 
for Representatives. Provided however, that at the 
general election for 1890, the ballot for Nobles may in¬ 
dicate the three terms of years for which the Nobles 
voted for shall serve. 

Section 48. The ballots shall be rectangular and shall 
be each three and one-half inches square, unless there are 
more than three names on the ballot to be voted for, in 
which case one-half of an inch shall be added to the 
length for each name in addition to three. Provided 
however, that all ballots in the same Division shall be 
of the same size. Sufficient space shall be reserved 
upon each ballot to permit the erasure of all of the 
names thereon, and the substitution of an equal number 
therefor. Such reserved space shall be so divided as to 
permit one name to be inserted immediately under each 
printed name. No ballot enclosed in an envelope shall 
be received or counted. 



( 20 ) 

Section 49. The ballots shall be printed by the Min¬ 
ister at Government expense. Sufficient shall be printed 
so that there shall be not less than three ballots for 
every voter for Nobles in the respective divisions, for 
each ticket or party ballot, and a like number for each 
candidate for Representative for every voter in each elec¬ 
tion district. The number of ballots to be printed shall 
be ascertained from the total number of voters regis¬ 
tered at the last preceding election. 

Section 50. The ballots for each precinct for both 
Nobles and Representatives shall be sent by the Minis¬ 
ter to the Chairman of each Board of Inspectors, so that 
they shall be received at least two days prior to the 
election. 

Section 51. The Chairman, or another of the In¬ 
spectors, shall attend at the polling places the day pre¬ 
ceding the election all of the time from 10 a. m. till 2 
p. m., and, during that time, shall deliver to the respec¬ 
tive candidates or their duly authorized agents, two and 
one-half sets of the ballots of each. If such ballots 
shall not be called for, they may be delivered on elec¬ 
tion day. The one-half of each set of ballots retained 
by the Inspectors shall be for the purpose of supplying 
ballots to such voters as may call for them for the pur¬ 
pose of voting. Each person so calling for ballots for 
the purpose of voting may take one only of each kind 
of ballot, and no more. Such extra one-half set of 
ballots shall be securely kept not less than six feet dis¬ 
tant from the ballot-box during the polling time. 

Section 52. For the purpose of voting, the ballot 
shall be folded twice, first across the middle so as to 
form a rectangle, and again in the same manner and in 


( 21 ) 

the same direction, and in such manner as to conceal 
the contents thereof. 

Section 53. The voter shall, in all cases, have the 
right to erase any name or names on any ballot and 
insert in place thereof such other name or other names 
as he may chose. Such substitution shall be made in 
ink or pencil, but shall not be made in such a manner 
as to show on the back of the ballot. 

OF VOTING. 

Section 54. When anyone offering to vote shall 
show himself entitled to vote he shall hand his ballot, 
or if he votes for both Nobles and Representatives, hand 
his ballots separately to the Chairman of Inspectors, 
who shall not open or unfold the same, but shall ex¬ 
amine the ends sufficiently to be satisfied that there is 
but one ballot enfolded, whereupon the ballot or ballots, 
as the case may be, shall be immediately dropped into 
the proper box or boxes. 

Section 55. If it appear that more than one ballot is 

enfolded, the Chairman shall at once announce the 

same, and, in the presence of the voter and the other 
Inspectors, proceed to open the folds sufficiently to 

settle the question beyond dispute. The double ballots 

shall then be securely fastened together, and shall be 

marked by an Inspector “Double Ballot Rejected,” with 

the name of the voter offering the same. The name or 

initials of the Chairman shall then be signed, and the 

whole shall be sent to the Minister as herein below set 

forth. 

Section 56. Whenever the Chairman shall state that 
a ballot is double, or is otherwise illegal, and must be 
rejected, the voter whose ballot is thus about to be 


( 22 ) 

rejected shall have the right, in the presence of all 
persons in the polling-place, to immediately examine 
the alleged illegal ballot, and may show that it is not 
illegal; but, in all cases, it must be returned to the 
Chairman. 

Section 57. No voter within the polling-place shall 
exhibit his ballot to any other person ; nor shall any 
person in the polling-place look at or ask to see the 
contents of the ballots of any voter, nor shall any 
person within the space set apart for a polling-place 
attempt to influence a voter in regard to the ballot he 
shall cast. 

Section 58. The Minister shall, as soon as practic¬ 
able, after the appointment of the several Inspectors of 
Election, supply the several Boards of Inspectors with 
blanks of the same size and paper required by this Act. 
The number of such blanks shall exceed, by at least 
one-half, the number of voters for Nobles in the district 
or precinct of each Board of Inspectors. In case of any 
miscarriage or default whereby the printed ballots here¬ 
inbefore provided shall not be available for the election 
(either by reason of their not being received by the 
Inspectors, or of their destruction or loss), the Inspectors 
shall cause to be prepared sufficient ballots for the pur¬ 
poses of the election for Nobles. And such blanks shall 
also be supplied to the Inspectors whenever a special 
election for Nobles is ordered. In no case other than 
those named in this Section shall such blanks be used, 
and immediately after every election the Inspectors 
shall return all unused blanks to the Minister. In the 
event of printed ballots for Representatives not being 
available on the day appointed for the election of a 
Representative or Representatives, a special election 


(28) 

shall be ordered by the Minister. Printed ballots, as by 
this Act provided, can alone be used at an election for a 
Representative. 

COUNTING THE VOTE. 

Section 59. Immediately after the close of the polls, 
the Chairman of the Inspectors shall open the ballot- 
box and proceed to count the votes as follows: First, 
the whole number of ballots must be counted to see if 
their number corresponds with the number of votes 
cast, as recorded in the poll list. If their number over¬ 
runs, they shall all be returned to the ballot-box, and a 
certain number shall be drawn, as provided in Section 
68 . 

Section 60., If the number of ballots correspond with 
the number recorded on the poll-list as having voted, 
they shall then proceed to examine the ballots. 

1. If two or more ballots are folded together in such 
manner as to indicate that they were deposited together, 
and fraudulently ; or, 

/ 7 

2. If more names are voted for than there are offices 
to be filled ; or, 

3. If the ballot contain any mark or symbol whereby 
it may be identified ; or, 

4. If it be folded contrary to the directions of this 
law, and such folding be for the evident purpose of iden¬ 
tification ; or, 

5. If the inside of the ballot contain any mark or 
symbol contrary to the provisions of this law ; or, 

6. If such ballot in any other way be contrary to the 
provisions hereof, then such ballot and all it contains 
must be rejected. 


(24) 

Section 61. If one or more of the printed names on 
a ballot is erased, and another or others substituted 
therefor in writing, such substituted name or names 
and the unerased printed names shall be counted, unless 
the number of such substituted and unerased printed 
names shall exceed the number of offices to be filled, in 
which case such ballot shall be rejected. 

Section 62. All questions as to the validity of any 
ballot shall be decided immediately, and the opinion of 
a majority of the Inspectors shall be final and binding, 
except as hereinafter provided. The word “Rejected” 
shall be indorsed on each ballot, which shall be held in¬ 
valid as aforesaid. Ballots on which questions arise, 
and which are accepted, shall be so indorsed. All such 
indorsements shall be made by the Chairman of the 
Inspectors on the back of the ballots. 

Section 63. The names on the ballots not rejected, 
with the office designated for each, shall be read in a 
loud, clear voice by one of the Inspectors, and a record 
thereof shall be made at once by the clerk, if there be 
one, and one of the Inspectors. 

DISPOSITION OF ELECTION RECORDS. 

Section 64. At the completion of the count after the 
close of the polls, and the public announcement of the 
same, the Inspectors shall, in the presence of the can¬ 
didates or their agents, make up into a packet, sealed 
with their own seals and the seals of such candidates or 
agents of candidates who may desire to seal the same, 
all of the ballots used in the said election, both those 
which may have been rejected as well as those counted, 
and all cancelled ballots together with the voters’ list 
used at the polling-place, and having properly marked 


(25) 

the said packet on the outside with the name and title 
of the Minister of the Interior, and a description of the 
contents thereof as follows : “ Records of Election for 

18...District of., Island of. 

shall immediately forward the same to the Minister of 
the Interior. 

VOTE OF CHAIRMAN OF INSPECTORS. 

Section 65. In case of the failure of the election of 
a Representative in consequence of the equality of votes 
between two or more candidates, the Chairman of the 
Inspectors shall give a casting vote, but shall not in any 
other case be entitled to vote at such election. 

SECRECY OF VOTES—INTERFERING WITH ELECTORS. 

Section 66. Every person in attendance at the count¬ 
ing of the votes shall aid in maintaining the secrecy of 
the voting, and shall not communicate any information 
obtained at such counting as to the candidate for whom 
any vote is given in any particular ballot. 

Section 67. No person who has voted at an election 
shall, in any legal proceeding, be required to state for 
whom he has voted. 

EXCESSIVE VOTE. 

Section 68. If, at the counting of the votes, the 
number of the ballots in the ballot-box shall overrun 
the number of names on the Clerk's record, the In¬ 
spectors shall replace all the ballots in the ballot-box, 
close, lock, and shake the same so as to thoroughly mix 
the ballots ; the box shall then be opened and a cloth 
laid over it, and the Chairman of the Inspectors (or in 
case of the inability, or unavoidable absence of the 
Chairman, one of the other Inspectors) having pre¬ 
viously held up his open hand with the arm bared to 
4 




( 26 ) 

the elbow, shall introduce his hand under the cloth 
covering the ballot-box and draw therefrom, without 
looking, one ballot at a time until the number of ballots 
in the ballot-box is reduced to correspond with the 
number of names on the Clerk’s record. The Inspectors 
shall then proceed to ascertain the result of the election 
as hereinbefore provided. 

DECLARATION OF RESULT. 

Section 69. When the Inspectors have ascertained 
the number of votes given for each candidate, respec¬ 
tively, they shall make public declaration of the whole 
number of votes given in ; the names of the persons 
voted for, and the number of votes for each person ; 
and the Chairman of the Inspectors shall cause to be 
made a fair record of the same, which shall be signed 
by the Inspectors and forwarded to the Minister of the 
Interior. 

CERTIFICATE OF ELECTION. 

Section 70. In those precincts or districts where 
there is only one polling place the Inspectors shall de¬ 
liver a certificate to the candidate for Representative 
who has received the greatest number of votes for that 
office, in the form set forth in Schedule B hereto an¬ 
nexed. In those districts where there are two or more 
polling places, such certificate shall be signed by th6 
Chairman of each Board of Inspectors. 

Section 71. It shall be the duty of said Inspectors to 
immediately transmit to the Minister of the Interior a 
duplicate of such certificate, which shall be an original 
certificate of election for the person whose name is 
therein set forth. 

Section 72. It shall be the duty of said Inspectors, 
upon ascertaining the number of votes given for each 


(27) 

candidate for Noble to immediately transmit to the 
Sheriff of the Island, or to the Marshal on the Island of 
Oahu, a certificate of the same, signed by each of them. 
A copy of such certificate shall also be sent to the 
Minister of the Interior. 

Section 73. It shall be the duty of such Marshal or 
Sheriff, immediately upon receiving the returns of elec¬ 
tion for Nobles from all of the precincts, to ascertain 
the result and tabulate the returns. When it shall be 
ascertained who are elected, by reason of the number to 
be elected having received the largest number of votes, 
such person shall each receive a certificate of election 
signed by such Marshal or Sheriff, similar in form to 
that set forth in Schedule B, certificate for No ides. A 
copy of such tabulated return shall be transmitted to 
the Minister of the Interior, together with a duplicate 
of each certificate of election, which shall be an original 
certificate for the person whose name is therein set 
forth. 

FRAUDULENT BALLOT. 

Section 74. Whenever a ballot for Representative 
shall be found to contain more than one name voted 
for, or a ballot for Noble to contain more names voted 
for than the division is entitled to elect, it shall be re¬ 
jected as fraudulent, but no ballot shall be rejected for 
containing a less number of names than authorized to 
be voted for. When two or more ballots are found in 
the ballot box on counting the vote, so folded together 
as to make it evident that more than one was put in by 
one person, all of such ballots shall be rejected. 

OF VACANCIES, ANNULLING ELECTIONS, ETC., CAUSES OF 

VACATING SEAT. 

Section 75. The seat of any elective member of the 


(28) 

Legislature shall become vacant whenever such member 
shall die, resign, or become disqualified by conviction of 
any of the offenses by which persons might be disquali¬ 
fied from being elected ; by his being convicted of a 
violation of any of the provisions of this Act; by gross 
misconduct or neglect of the business for which he was 
elected, or by continued, unexcused absence from the 
daily meetings of the Legislature, whereof the Legisla¬ 
ture alone shall judge; by falling below any of the re¬ 
quirements necessary for an elective member of the 
Legislature ; or by reason of any bribery, fraud, miscar¬ 
riage or default of such member or his agent, whereby 
his election might be vitiated ; and by reason of the 
election of another for the seat. 

ANNULLING ELECTIONS. LEGISLATIVE PROCEEDINGS. 

Section 76. The Legislature may take notice of any 
vacancy or alleged vacancy and proceed accordingly, 
without petition or motion from without, or such no¬ 
tice may be taken upon petition from the district the 
seat whereof is alleged to be vacant; which petition 
shall be signed by not less than thirty voters of the dis¬ 
trict, and it shall set forth any cause or causes alleged 
for such vacancy. The question of any vacancy or dis¬ 
pute thereon shall be duly examined and full evidence 
on all matters pertaining thereto shall be taken, and if 
it be found that the seat is vacant, or ought to be so de¬ 
clared, it shall be so declared by the Legislature, and a 
new election shall immediately be ordered by the Min¬ 
ister of the Interior, upon receiving notice of such va¬ 
cancy from the President of the Legislature. 

Section 77. Whenever any vacancy shall occur while 
the Legislature is not in session, by death, resignation 
or otherwise, the Minister of the Interior shall cause a 


(29) 

special election to be held, as hereinbefore required. 
Any special elections shall conform, in all respects, ex¬ 
cept as otherwise provided herein, to the regular bien¬ 
nial elections held under the provisions of this Act. 

ANNULLING ELECTIONS. PROCEEDINGS IN COURT. 

Section 78. In addition to the methods hereinbefore 
set forth for vacating any seat in the Legislature, any 
candidate, or any ten persons who have voted or were 
entitled to vote in the district, may file a petition ad¬ 
dressed to the Chief Justice of the Supreme Court, set¬ 
ting forth any cause or causes, why an election shall be 
vacated or a seat be declared vacant. Such petition 
shall be filed in the office of the Clerk of the Supreme 
Court within thirty days following an election, and prior 
to the hearing thereon the Clerk shall receive a deposit 
of such costs as may be necessary in the case. The 
hearing may be had before any Justice of the Supreme 
Court, and may be held either in Honolulu or in the 
Judicial Circuit wherein the election is disputed. 

PROCEEDINGS. 

Section 79. A notice of not less than fourteen days 
shall be given to the Inspectors of such election as may 
be contested, and to the candidate'who shall have been 
returned or whose seat is contested, and to any others 
whose rights or interests are particularly affected, who 
shall be designated by the Chief Justice of said Supreme 
Court. Besides such notice, a written or printed notice 
shall be likewise posted in the district, or published in 
some newspaper circulating in the district, for not less 
than ten days prior to such hearing. 

HEARING. 

Section 80. At the hearing the Justice shall cause 
the evidence to be reduced to writing in full, or suffi- 


( 80 ) 

ciently to ascertain all of the facts involved, and shall 
thereupon give judgment, stating all of his findings of 
fact and the law thereupon, which shall then be trans¬ 
mitted in full to the Minister of the Interior, provided 
no appeal shall be taken. If such finding shall be that 
the election was invalid, and the seat therefore vacant, 
a new election shall at once be ordered by the said Min¬ 
ister. 

COSTS AND APPEAL. 

Section 81. Such award as to costs in such proceed¬ 
ings shall be made as the court hearing the case shall 
determine. Costs shall be the same as in trials in the 
Supreme Court in Chambers. The decision in all re¬ 
spects shall be subject to appeal to the Supreme Court 
in Banco, which shall, without delay, hear such appeal 
and render a decision thereon, and such decision shall 
be transmitted to the Minister of the Interior. If such 
finding shall be that the election was invalid, and the 
seat therefore vacant, a new election shall at once be 
ordered by the said Minister. 

Section 82. In case either the Supreme Court or the 
Legislature shall, by final conclusion or judgment, de¬ 
clare vacant the seat of any member, such conclusion or 
jud gment shall be final and binding upon all parties. 
But in case either of said tribunals shall, upon the trial 
of a petition against any member, render a judgment or 
decision dismissing such petition, such judgment or 
decision shall not be binding upon, or prevent the other 
of said tribunals from entertaining a petition to declare 
vacant the seat of such member. 

RULES. 

Section 83. The Supreme Court may make, alter, 
amend and rescind rules for the trial, hearing, appeal, 


(31) 

and any other matters pertaining to such contested 
election, and the course of proceedings shall be as at 
Chambers of the Supreme Court, the Justice shall have 
like powers as in trials at a regular term of the Court, 
as to the compelling the attendance of witnesses, punish¬ 
ing contempts, and in all other matters pertaining to 
such hearing. 

Section 84. Any witness who shall wilfully testify 
falsely upon any examination or trial on such proceed¬ 
ings, shall he guilty of perjury as defined by law, and 
shall be liable to all of the pains and penalties therefor. 

Section 85. Hearings of all matters pertaining to 
elections under this Act shall be public, whether in the 
Legislature, in Committees, or before a Justice of the 
Supreme Court, except when the ends of justice require 
secrecy. 

PROVISIONS FOR PRESERVING THE PURITY OF ELECTIONS. 

Section 86. Offenses against this Act are divided into 
three classes, to wit: Corrupt practices, illegal practices 
and offenses of public officers, as hereinafter defined. 

JURISDICTION TO TRY OFFENSES. 

Section 87. Any offense constituting a “ corrupt prac¬ 
tice” shall be tried only upon indictment. Jurisdiction 
is hereby conferred upon police and district magistrates 
to hear and determine all offenses constituting an “ille¬ 
gal practice” under this Act, subject to the right of ap¬ 
peal as allowed by law. Any person on trial for any 
offense by this Act specified may be found guilty of a 
lesser offense of the same nature, or as defined by the 
Penal Code. 

CORRUPT PRACTICES—BRIBERY. 

Section 88. The following persons shall be deemed 
guilty of “corrupt practices:” 1. Every person who 


(32) 

shall directly or indirectly, personally or through another, 
give, lend, agree to give or lend, or promise to procure 
or to endeavor to procure any money or valuable consid¬ 
eration to or for any elector, or to any person for an 
elector, or to or for any person in order to induce any 
elector to vote or refrain from voting, or shall do such 
act on account of any persons having voted or refrained 
from voting at any election. 

2. Every person who shall directly or indirectly, per¬ 
sonally or through another, give or procure, or agree to 
give or procure, or offer, promise, or promise to procure, 
or endeavor to procure any office or place of employ¬ 
ment to or for any elector, or to or for any person on 
behalf of an elector ; or to or for any other person in 
order to induce such elector to vote or refrain from vot¬ 
ing, or shall do any such act as aforesaid on account of 
any elector having voted or refrained from voting at an 
election. 

3. Every person who shall directly or indirectly, per¬ 
sonally or through another, make any such gift, loan, 
offer, promise, procurement or agreement as aforesaid ; 
or to or for any person, in order to induce such person 
to procure or endeavor to procure the election of any 
person to serve in the Legislature ; or to procure the 
vote of any elector at an election. 

4. Every person who shall, upon or in consequence 
of any such gift, loan, offer, promise, procurement or 
agreement, procure or engage, promise or endeavor to 
procure the election of any person to serve in the Legis¬ 
lature, or procure the vote of any elector at any elec¬ 
tion. 

5. Every person who shall advance or pay, or cause 
to be paid, any money to or to the use of any other per¬ 
son, with the intent that such money, or any part 


( 33 ) 

thereof, shall he expended in bribery at any election ; 
or who shall knowingly pay, or cause to he paid, any 
money to any person in discharge or repayment of any 
money wholly or in part expended in bribery at any 
election. 

6. Every elector who shall, before or during any elec¬ 
tion, directly or indirectly, personally or through an¬ 
other, receive, agree or contract for any money, gift, 
loan or valuable consideration, office, place or employ¬ 
ment for himself or any other person, for voting or 
agreeing to vote, or from refraining to vote, or agreeing 
to refrain from voting. 

7. Every person who shall after any election directly 
or indirectly, personally or through another, receive any 
money or valuable consideration, on, account of any per¬ 
son having voted or refrained from voting, or having 
induced any other person to vote or refrain from voting 
at any election. 

8. Every candidate at any election who shall, per¬ 
sonally or through another person, or by any ways and 
means on his behalf, on election day or the day imme¬ 
diately preceding or following an election, directly or 
indirectly, give or provide, or cause to be given or pro¬ 
vided, or shall be accessory to the giving or providing, 
or shall pay wholly or in part, any expenses incurred 
for any meat, drink or entertainment, or provision to or 
for any person, in order to be elected or for being 
elected, or for the purpose of influencing such person or 
any other person to give or refrain from giving his vote 
at such election, or on account of such person having 
voted or refrained from voting, or being about to vote 
or refrain from voting at such election. All of the 
above named offences shall constitute the crime of brib¬ 
ery as a corrupt practice. 




(34) 

9. Every person who shall directly or indirectly, per¬ 
sonally or through another, make use of, or threaten to 
make use of, any force, violence or restraint, or inflict or 
threaten to inflict any injury, damage or loss in any 
manner, or in any way, practice intimidation upon or 
against any person, in order to induce or compel such 
person to vote or refrain from voting at any election, or 
on account of such person having voted or refrained 
from voting, or who shall by abduction, distress, or any 
fraudulent device or contrivance impede, prevent or 
otherwise interfere with the free exercise of the elective 
franchise, shall be deemed guilty of the offence of “un¬ 
due influence.' 7 

10. Every person who, at any election, attempts to 
vote in the name of any other person, living or dead, or 
some fictitious name, or who, having once voted, attempts 
to vote again. 

11. Every person who, without authority, sends in 
any claim to have the name of any other person en¬ 
tered on the Register, or attaches the name of any other 
person to any such claim in order to make it appear as 
the claims of such person, or procures the name of any 
other person to be entered upon the Register. 

12. Every person who shall, either in person or 
through another, in any manner break up or prevent 
the holding of any meeting of the Inspectors as herein 
prescribed or provided for, or in any manner break up 
or prevent the holding of any election. 

PUNISHMENT FOR CORRUPT PRACTICES. 

Section 89. Every person found guilty of any “cor¬ 
rupt practice 77 shall be punished by a fine not exceed¬ 
ing one thousand dollars, or by imprisonment at hard 
labor for any term not exceeding two years, or by both 


(35) 

such fine and imprisonment at the discretion of the Court. 
Besides such punishment, such person shall be dis¬ 
qualified from voting for six years, or from holding any 
office under the Government for a like term, or from 
being elected to or occupying a seat in the Legislature 
for six years; and any such office, either appointive or 
elective, held by such person, shall be at once vacated 
by such conviction. The Clerk of the Court, where such 
conviction is had, shall also transmit to the Inspectors 
of the district where such person resides, and to the 
President of the Legislature, the name of such person, 
the offence of which he has been convicted, and the 
sentence of the Court. 

ILLEGAL PRACTICES. 

Section 90. The following persons shall be deemed 
guilty of “ illegal practices : ” 

1. Every person who shall, for the purpose of pro¬ 
moting or preventing the election of a candidate at any 
election, be engaged or employed for payment or pro¬ 
mise of payment to act as agent, clerk or messenger, 
except as set forth in Schedule C hereto attached; or to 
act as committeeman, canvasser, runner, watcher,.guard 
or detective ; to act or render service in any. capacity 
whatever except one for which payment is authorized 
by Schedule D hereto attached ; to act, if an elector, as 
clerk or messenger. 

2. Every person so engaging, hiring, agreeing to hire 
or pay another for any such service, or, after the same 
has been rendered, offering or agreeing to pay therefor, 
or to give or procure any reward of value for the same. 

Section 91. No payment or contract for payment 
shall, for the purposes of promoting or procuring the 
election of any candidate at any election, be made on 


( 36 ) 

account of the conveyance of electors to or from the 

«/ 

polling place in any manner whatsoever; for bands, 
torches, flags, banners, or other distinctive mark or fa¬ 
vor ; for exhibiting bills, addresses, posters or other 
printed, written or painted device ; or for the use of any 
building or portion of any building or structure for such 
purpose, excepting only as permitted by Schedule D, 
hereto attached. If any payment, or contract for pay¬ 
ment, for any purpose set forth in this Section, shall be 
made either before, during or after an election, both the 
person paying or offering to pay or contract for pay¬ 
ment, either personally or through another, and the 
person who is to receive said payment, shall be deemed 
guilty of an “illegal practice.” 

Section 92. Any premises licensed for the sale of 
beer, wines or spirits, or any part of such premises, shall 
not be used as a committee room for the purpose of pro¬ 
moting or procuring the election of a candidate at any 
election. If any person hires or uses any such premises 
or part of premises for such purpose, both such person 
and the one letting such premises or part thereof, shall 
be deemed guilty of an “illegal practice.” 

Section 93. Any person who knowingly provides 
money for any purpose such as set forth in Section SS 
hereof, or for the payment of money so expended, where 
the person who so expended such money is guilty of an 
“illegal” or “corrupt practice,” shall also be deemed 
guilty of an “ illegal practice.” 

Section 94. Any person who procures or induces any 
person to vote, knowing at the time that such person is 
disqualified or prohibited from voting or has already 
voted, as well as any person so voting, shall be deemed 
guilty of an “ illegal practice.” 


( 37 ) 


PUNISHMENT FOR ILLEGAL PRACTICES. 

Section 95. Every person found guilty^ of an ‘‘illegal 
practice’' shall be punished by a fine not exceeding five 
hundred dollars, or by imprisonment at hard labor for 
any term not exceeding one year, or by both such fine 
and imprisonment at the discretion of the Court, and 
shall, besides, be disqualified for two years from voting 
at any election, or from holding any office of trust or 
profit under the Government for a like term, or from 
being elected to a sitting in the Legislature for four 
years ; and if such person at the time of such conviction 
hold any such office or shall be a member of the Legis¬ 
lature, or shall have been elected thereto, such office or 
such seat shall at once be vacated. 

The Judge or Magistrate before whom such convic¬ 
tion is had, shall at once transmit to the Minister a re¬ 
port of such conviction with the sentence imposed, to 
be placed before the Legislature, if in session, or at the 
next following session. 

Section 96. Any candidate who fails or neglects to 
furnish the list prescribed by Section 39, or the sworn 
statement prescribed in Section 40, or when such list or 
statement shall be wilfully false in any particular, shall, 
upon conviction thereof, be punished by a fine of not 
less than one hundred dollars, or by imprisonment at 
hard labor not more than six months, or by both such 
fine and imprisonment at the discretion of the Court. 
And if he shall have been elected, and it shall appear 
that the expenses exceed the amount by this Act al¬ 
lowed, or were incurred for any purpose hereby forbid¬ 
den, his election shall be void and he shall not be eligible 
for re-election for four years. 


/ 


( 38 ) 


OF CHALLENGING VOTERS. 

Section 97. It shall be the duty of any Inspector of 
Election, and of any bystander, to challenge any person 
offering to vote, whom such Inspector or bystanders 
shall know or suspect is not qualified to vote. 

Section 98. Whenever any person’s vote is chal¬ 
lenged, one of the Inspectors shall state to him the 
cause of such challenge, and shall then swear such _ 
person in substance according to the form of oath set 
forth in Schedule E hereto annexed. After such oath 
is administered, an Inspector, or the person challeng¬ 
ing, shall put questions for the purpose of*ascertaining 
whether the proposed voter is duly qualified. 

Section 99. If such person shall refuse to be sworn 
as aforesaid, or being sworn, shall refuse to answer any 
proper question (of which the Inspectors shall be judge), 
his vote shall be rejected. 

Section 100. Any person taking the oath prescribed 
in Section 98, and wilfully making false answers to any 
question put to him thereunder, shall be guilty of “per¬ 
jury” in the second degree ; and if he shall thereupon 
vote at such election, his vote shall be null and void. 

OFFENCES OF PUBLIC OFFICERS. 

Section 101. Every public officer required by this 
Act to do or perform any act or thing with reference to 
any of the provisions of this Act, who shall wilfully 
fail, neglect or refuse to do or perform the same, or who 
shall be guilty of any violation of the provisions of this 
Act, shall be punished by a fine not exceeding one 
thousand dollars, or by imprisonment at hard labor for 
any term not exceeding two years, or by both such fine 
and imprisonment at the discretion of the Court; and 


(89) 

shall also be disqualified for three years from holding 
any office under the Government, or from sitting in the 
Legislature, or from voting. He slaall also be liable to 
pay damages to any person injured by such Act or 
doing, or the failure to act or do any such act. 

Section 102. Any person holding any position of 
trust or profit under the Government who shall, either 
personally or through another, for pay or without pay, 
act as a runner, committeeman, clerk, secretary, or in 
any other capacity, for the purpose of procuring or 
assisting in the election of any person, except as a voter, 
and in casting his vote, shall be punished by a fine not 
exceeding one hundred dollars, or by imprisonment at 
hard labor for any term not exceeding six months, or 
by both such fine and imprisonment in the discretion of 
the Court. Besides the said punishment, the office of 
such person shall be at once vacated, and such person 
shall be disqualified for three years from holding any office 
under the Government, and from voting at any election, 
and from sitting in the Legislature. The provisions of 
this Section shall not, however, be construed to apply 
to Cabinet Ministers so as to preclude them from pub¬ 
licly or privately making oral or written statements of 
the policy of the Administration, or advocating the 
same. 

Section 103. Any person who shall, either in person 
or through another, be disorderly or create a disturbance 
whereby any meeting of the Inspectors herein pre¬ 
scribed or provided for shall be disturbed or interfered 
with, or whereby any person who intends to be lawfully 
present at such meeting for the purpose of registering 
or correcting the register is prevented from attending, 
or who shall in like manner cause any disturbance at 


(40) 

any election, and all persons so assisting or aiding, shall 
upon conviction thereof, be punished by a fine not ex¬ 
ceeding two hundred dollars, or by imprisonment at 
hard labor for a term not exceeding six months, or by 
both such fine and imprisonment at the discretion of 
the Court; and shall not be entitled to vote at the 
election next succeeding such conviction, nor at such 
election to be a candidate for election. 

Section 104. Where not otherwise specifically pro¬ 
vided, Police and District Magistrates are hereby author¬ 
ized to hear and determine all cases arising under this 
Act. 

Section 105. In all cases, under the provisions of 
this Act, where duties are to be performed by the Chair¬ 
man of the Inspectors, such duties may be performed 
by some other one of the Inspectors whenever the 
Chairman is temporarily absent, or is otherwise for the 
time being unable to perform such duties. 

Section 106. This Act shall take effect and become 
law on the first day of October, 1888. 

SCHEDULES REFERRED TO IN THIS ACT : 

Schedule A, referred to in Section 1. 

Chapter LXXXVL of the Penal Code. 

The following Sections of the Civil Code : 771, 772, 

773, 774, 778, 779, 7S0, 781, 782, 784, 785, 786, 787, 788, 

789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 

801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 

813. . 

An Act approved June 30,1862, amending Section 789 
of the Civil Code. 

An Act approved June 17, 1S62, amending Section 796 
of the Civil Code. 


(41) 

An Act approved -June 24, 1868, relating to the quali¬ 
fications of electors. 

Chapter XXV. of the Laws of 1874. 

Chapter XLYI. of the Laws of 1874. 

Chapter VII. of the Laws of 1876. 

Chapter XIV. of the Laws of 1876. 

Chapter XXXVIII. of the Laws of 1876. 

Chapter XXXI. of the Laws of 1886. 

Chapter LXVI. of the Laws of 1886. 

And all other laws and parts of laws contrary to the 
provisions of this Act. 

Schedule B, referred to in Section 73. 

1. _ Certificate of Election of Noble : 

I,., the Sheriff of the. 

Election Division of.Oahu, or as the case 

may be, or Marshal of the Kingdom, do hereby certify 

that.was duly elected a Noble for 

the Election Division of.. to serve for 

the term of.years from the.day 

of., 18.... 

Given under my hand and the seal of my office on 
this.day of., 18..... 


Sheriff of.(or Marshal of the Kingdom). 

Schedule B, referred to in Section 70. 

2. Certificate of Election of Representative: 

We,.and.and. 

Inspectors of Election for the.District 

of the.Judicial Circuit, do hereby cer¬ 
tify that.was duly elected Repre- 




















(42) 


sentative for said District on the.day 

of ....., 18.... 

Gfiven under our hands this.. day 

of . 18.... 


Schedule C, referred to in Section 90. 

Persons legally employed for payment by any can¬ 
didate : (1) One watcher for each ballot-box, and no 
more. (2) Clerks and messengers for conducting busi¬ 
ness in committee rooms, not exceeding one clerk and 
one messenger for each polling place in a district. 

Schedule D, referred to in Sections 90-91. 

Expenses legally incurred by or for a candidate: (1) 
The personal expenses of a candidate. (2) Expenses of 
printing and advertising in newspapers. (3) Cost of 
stationery and postage. (4) Expenses of public meet¬ 
ings. (5) Rent and supplies of committee rooms not to 
exceed one for each polling place. (6) Miscellaneous 
expenses not to exceed in all fifty dollars : Provided, 
that no expense or expenditure, or agreement therefor, 
contrary to any provision of this Act shall be permitted: 
and provided, also, that the expenses for all of the can¬ 
didates for Nobles of any party shall be confined to the 
same as that of one candidate for Representative, ex¬ 
cepting that of personal expenses and that of miscel¬ 
laneous expenses, the latter of which shall not exceed 
one hundred dollars in any one district. 

Schedule E, referred to in Section 98. 

Form of oath to administer to persons whose vote is 
challenged: 









(43) 


“You do solemnly swear (or affirm) that you will true 
answer make to all such questions as shall be put to you 
touching your right to vote for (Nobles or Representa¬ 
tives, as the case may be) at the present election.” 

Approved this tenth day of September, A. D. 1888. 


KALAKAUA REX. 


By the King : 

L. A. Thurston, 

Minister of the Interior. 




/ >/77 





























